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15-adoption of an Ordinance authorizing all matters related to the issuance and sale of the City of Paris General Obligation Refunding Bonds, Series 2010
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15-adoption of an Ordinance authorizing all matters related to the issuance and sale of the City of Paris General Obligation Refunding Bonds, Series 2010
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CITY CLERK
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15
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Agenda
CITY CLERK - Date
1/25/2010
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applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security <br />interest in said pledge to occur. <br />Section 6. DEFEASANCE OF BONDS. <br />(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer <br />outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent <br />provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest <br />thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall <br />have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been <br />provided for on or before such due date by irrevocably depositing with or making available to the <br />Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future <br />Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient <br />to make such payment or (2) Defeasance Securities that mature as to principal and interest in such <br />amounts and at such times as will insure the availability, without reinvestment, of sufficient money <br />to provide for such payment, and when proper arrangements have been made by the Issuer with the <br />Paying AgentlRegistrar for the payment of its services until all Defeased Bonds shall have become <br />due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as <br />aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled <br />to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and <br />such principal and interest shall be payable solely from such money or Defeasance Securities. <br />Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any <br />determination not to redeem Defeased Bonds that is made in conjunction with the payment <br />arrangements specified in Subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided <br />that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves <br />the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right <br />to the owners of the Defeased Bonds immediately following the making of the payment <br />arrangements; and (3) directs that notice of the reservation be included in any redemption notices <br />that it authorizes. <br />(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction <br />of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as <br />hereinbefore set forth, and all income from such Defeasance Securities received by the Paying <br />Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect <br />to which such money has been so deposited, shall be turned over to the Issuer, or deposited as <br />directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money <br />and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions <br />permitting the investment or reinvestment of such moneys in Defeasance Securities or the <br />substitution of other Defeasance Securities upon the satisfaction of the requirements specified in <br />Subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by <br />the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with <br />respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as <br />directed in writing by the Issuer. <br />(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United <br />States of America, including obligations that are unconditionally guaranteed by the United States <br />of America, (ii) noncallable obligations of an agency or instrumentality of the United States of <br />14 <br />- 0OCs155 <br />
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